A query is submitted to SUNAT as to whether, in the case of a non-domiciled holding company, direct and indirect holder of shares\nrepresenting the capital of a legal entity domiciled in Peru, which has changed the location of its place of effective management\n-which was previously located in the country of its incorporation- to a third foreign country, without such change\nimplying the liquidation or dissolution of the holding company in the country of its incorporation or the incorporation of a different\nlegal entity in the third foreign country.<\/p>\n
Based on the aforementioned case, the query is whether the change in the place of effective management of the non-domiciled holding company\nimplies a direct or indirect transfer of the shares of the legal entity domiciled in Peru.<\/p>\n
Taxation of the direct and indirect transfer of shares<\/strong><\/p>\n The Income Tax Law (LIR) taxes capital gains derived from the transfer of shares and equity interests\nrepresenting capital. Likewise, in the case of non-domiciled subjects, income obtained from the direct or indirect transfer\nof shares of companies domiciled in Peru is also considered Peruvian-source income.<\/p>\n In particular, the regulations provide that an indirect transfer exists when shares of a non-domiciled legal entity are transferred\nwhich, in turn, is the direct or indirect owner of shares of a Peruvian company, provided that the\nconditions established in subsection e) of article 10 of the LIR are met.<\/p>\n